The Comparative Study On Audio-visual Evidence And Electronic Data Evidence

With the development of natural science and improvement of technology,audio-visual evidence and electronic data as two new types of technological evidenceappeared in the field of law. In China, the study on the types of evidence is at the earlystage but the research on audio-visual evidence is much more matured than electronic dataevidence. The relationship between audio-visual evidence and electronic data evidence hasbecome a new important issue while electronic data evidence is utilized with amendmentsof the civil and criminal procedural laws. Audio-visual evidence and electronic dataevidence is naturally linked because both are products of modern science and technology.So it is necessary and realistic to compare the two types of evidence under the new systemof classification of law.In the paper, from the basic concepts of two types of evidence to the characteristicsand classifications, three aspects, similarities and differences between them are discussed.Since foreign researchers have systemically studied on the two types of evidence, wecould borrow ideas and research fruits from them. After synthetically evaluating thelegislation and practice of the two types of evidence, major problems and reasons are firstsummarized, and then the suggestions on evidence classification, particular rules andnorms, and judicial process are put forward. The paper is expected to provide some ideasand ways to improve China’s audio-visual evidence and electronic data evidence systemand finally to bring enhancement of the judicial evidence system.